State v. Deboer

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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, ) ) ) ) ) ) ) ) ) Plaintiff and Appellee, v. Jared Bennett Deboer, Defendant and Appellant. MEMORANDUM DECISION (Not For Official Publication) Case No. 20060843-CA F I L E D (July 12, 2007) 2007 UT App 247 ----Fifth District, Cedar City Department, 051500427 The Honorable G. Michael Westfall Attorneys: J. Bryan Jackson, Cedar City, for Appellant ----- Before Judges McHugh, Orme, and Thorne. PER CURIAM: Appellant Jared Bennett Deboer appeals his convictions and sentence for possession of a controlled substance with intent to distribute and possession of drug paraphernalia. DeBoer's counsel filed a brief in accordance with Anders v. California, 386 U.S. 783 (1967), and State v. Clayton, 639 P.2d 168 (Utah 1981). The brief "objectively demonstrate[s] that the issues raised are frivolous." State v. Flores, 855 P.2d 258, 260 (Utah Ct. App. 1993) (per curiam); see also Dunn v. Cook, 791 P.2d 873, 877 (Utah 1990) (stating an Anders brief must demonstrate any "potentially meritorious" issues are actually frivolous). Based upon our independent examination of the record, we determine that the appeal is, indeed, wholly frivolous, and accordingly, we affirm the decision of the district court and grant counsel's motion to withdraw. ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge ______________________________ William A. Thorne, Judge

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